>> look, we just saw it, tonight, 9:00 p.m. >> jamie: you don't want to miss it. >> eric: have a wonderful sunday. >> jamie: glad you were with us. to washington now. have a great day, everybody. >> just a week after the jovaughn belcher tragedy, another shock for the nfl. one play or is dead and other is you should arrest after a car crash believed to be cause bide drunk driving. jerry brown has died and a teammate, josh brent, has been charged in his death. the first hour of america's news headquarters, starts with a report from our own casey stegele, live in cowboys stadium

in arlington, texas. >> reporter: yeah. cowboys stadium behind me is quiet today because america's team is in cincinnati, playing the bengal this is afternoon. but we understand the team was briefed about this tragedy before their plane left dallas yesterday, that's when they learned that one of their teammates was dead and another one was behind bar, 24-year-old josh brent is expected to post bail later today from irving, texas, where he was arrested. police there say late friday night, early saturday morning, the cowboys' nose tackle left a club in dallas, was driving above the posted speed limit, hit a curb and flipped his car and investigators on the scene believe he was drunk. jerry brown, his friend and a dallas cowboys linebacker, did not survive the crash. >> the focus from our standpoint on behalf of josh is, jerry

brown, his family, his loved ones, his friends, this is a tremendous loss to him. this is like losing a little brother. >> reporter: late word this morning that the two were roommates and lived together. this is the second tragedy to rock the nfl in recent weeks, players taking to twitter and responding to the news. bruce cartedder, a linebacker for the cowboys saying, life is way too short. sad day. zac pot wert jaguar, tweeted, terrible news from the dallas cowboys family today. thoughts and prayers to both families. brent and brown had been friends for a long time. they played college ball together from 2007 to 2009, back in illinois. shannon, we should say that brent was arrested in 2009 for a dwi in illinois. again, he is expected to be released from jail, posting bond, later today.

we will keep you updated here from dallas. >> casey stegele, live there in texas. thank you. a daring rescue in afghanistan. a u.s.-led military coalition has rescued an american doctor, kidnapped by the taliban and reportedly in imminent danger. dr. joseph was captured by taliban insurgents on wednesday, near kabul, along with an afghan doctor and driver. a statement was released, praising the rescue. the nonprofit that the doctor works for says he was uninjured and dr. joseph will be returning to his home in comradeo springs in a few days. >> jamie: jept a -- egypt's opposition leaders are calling for protests. morsi's refusing to meet his opponent's key demand, that he rescind a draft constitution,

that will go to a referendum next saturday. there are reports that north korea may postpone a controversial rocket launch, scheduled for as early as tomorrow. it is not clear if diplomatic intervention or technical glitches are behind the delay. we have a retired four-star general and vice chief of staff to the army, general, thank you for coming. >> good to see you. >> what do you make of what is happening in north korea? they are very provocative around the hol daus, very often. the u.s. navy has moved two warships into the area. what do you make of it? >> they are vntsing their military and the pentagon and the united states military will always take that seriously. our intelligence services, of course, are trying to measure their intent. a the loof this intent has to do with their political influence in the region. they want to be on a stage that gives them prestige. from that, they usually get concessions from the south koreans.

>> is this one of those petulent children acting up, trying to get attention? or do you think there is a legitimate threat from the long-range missile? >> there is a threat to the region, to be sure t. can reach alaska and eventually, develop a missile to reach islands of hawaii to be sure. we take that capability seriously. this is a road regime, the number-1 road regime in the world. as much as they have been there a long time and done nothing in terms ever conducting operations in the south and provoking another war, we do take them seriously, as we should. >> i want to talk to you about egypt, a lot of news out thereof. president morsi last month, put out a decree that gave him power over the courts and everything else there. a lot of protests and bloodshed, lost lives, he is backing off of that. do you think he had any other choice, at this point? >> clearly, he had overstepped. the military's whispering in his

ears about that. they have influence over morsi and his new referendum, gives the military almost absolute power, more than mubarak gave them. nonetheless, the military wants stability, they do not want chaos. that's where morsi is pulling back. it remains to be seen what he doll about the vote coming up. >> for now, that sounds like that it is still going on and that's saturday. theyor a draft constitution, put together by a pretty small group or a tight group that shares the same ideology. there is a lot of push-back from a lot of people who say they never had a vote in any of that. >> the process as you pointous, trumped the minorities, participating in the process. but they realize, they have no influence. so they pulled out of it, entirely. this thing doesn't give royce to the minorities and the concerns that they have. i think, if this referendum goes through to a vote, obviously, they would win that vote. i think the minorities know they

can't win. so they will stay in the streets and continue to protest and demonstrate. >> what about talks, reports that morsi is working on legislation to amount to marshal law. he was very vocally opposed during mubarak's time in power. is it possible that he move forward with that? how would he justify it? based on the previous opposition? >> this is supposed to be a democratic country. marshal law is not part of the fabric of a democratic country, unless you have an incredible controversy. the irony is stunning. i think he would lose lots of prestige in the world if he pulled a stunt like that. i am not certain the military's going to put up with it. >> so many variables. general jack keane, great to see you. >> secretary of state clinton is going to testify testify on the september 11 benghazi attacks in

weeks. the news has been confirmed here on america's news headquarters yesterday. clinton will testify in front of the senate foreign relations committee and in an open hearing nfront of her committee. >> the american people want answers in an open setting. we are glad that secretary clinton will appear before us. >> we want to know what you think. will there be any new answers from secretary clinton? will her future ambitions factor in? tweet us your answers. we will read them later on in this show. the associated press is reporting that 3 people have been killed, four others have been wounded in some cupid of shooting there. we know two of the injured are children. we are checking into this. we will try to find out what this has all we will get it to

you as soon as we have it. house speaker john boehner is taking heat from all sides, president obama is ripping him for tax hike refusal on those making $250,000 or more a year and the republicans are criticizing him for not pushing back enough. >> reporter: staving off the conservative rebellion, john jon boehner's proposal to steer clear the fiscal cliff, by closing loopholes in taxes has outraged anti-tax conservatives and when he removed conservatives from the key bathses of the past. >> $800 billion in 10 years that, looks like a tax increase. 238 republicans, including me, took a pledge not to raise taxes. >> they want to send a message to me, to send a message to others that we are not going to tolerate people who are interested in doing what's right, we want to play the same

game. if you try to disrupt that, we will knock you off a committee. >> reporter: conservatives were tossed off the house budget committee and others were bounce from the financial services committee. benching conservatives have boehner under fire from conservative group, including the heritage foundation, red state dot-com, freedom works and the heavy hitting club for growth. >> if you keep doing this, we may have to replace you. >> it is bad policy. it is awful politics. and it is -- it will -- it will guaranteed, it will lose him the speakership of the house in 2 years. >> reporter: the republicans lost the majority inuent 06, when they promised to cut spending and then increased it. brent bozel, in the conservative media research center says republicans face the same fate, if after promising to hold the line or cut tax, they raise more. >> it is not a threat. it's a reality f. he -- look,

the republicans lost the house when they walked away from fiscal responsibility. they regained it when they recommitted themselves to fiscal responsibility. if they ark bandon it again, it's a guarantee, the republicans won't go along with this. >> reporter: boehner raised over $100 million for republican candidate this is year. he is backed by eric kantor, with kevin mccarthy and the budget committee chairman, paul ryan. but they are under fire. >> in a perverse way, the purging was the good because it provided clarity with what we thought was true, leadership didn't hold the conservative principles in the first place, they want to get 218 votes on something. they are not dedicated to what -- what the content is. >> reporter: this fight's been overshadowed by the bigger battles. but the politicians do get it. this year, the club for growth

spent $til10 million against republicans they felt were not conservative enough in a campaign that ultimately didn't go their way. >> our next guest is one of three conservative congressmen, removed from key committee assignments, they claim it's because they for too conservative and they are demanding answers frahouse speaker john boehner by monday. congressman, thank you for your time today. >> happy to do it. >> tell us about this. you were booted, essentially from the financial services committee. have you been given an explanation as to why? >> what you get is that it happens in a closed-door meeting and with that, you get almost no true explanation. so there has been a rumor going around that there was a score card of how many many voted. you heard the rumblings of, guys, you are too conservative, you are not voting with the team. many of us want to know, is that the reason? what are the rules now? are we allowed to vote our conscience?

or do we get punished if we do? >> what do you think is the key vote or votes, if that's the case, putted nuthis position? >> i think it's more complicated tathan that. i think it may be the accumulation over a couple of years. but it could be something as being on your show right now, saying, look, we are republicans. we believe in fiscal sanity. we don't raise taxes. and the hard reality ahead of us is if we don't deal with the explosion of entitlement costings, we are going to be buried. and the constant pushing, i am wondering if that's what we get punished for. >> i want to read a little bit of the letter that you sent to speaker bainor friday, i believe. please provide a full and complete written explanation for our removal, including a copy of the scorecard, presented to the steering committee meeting by close of business monday, december 10. you sign on with two other republican who is lost their committee bids. do you think you are going to

get an answer? >> i have no idea. but in some ways, this is much more about the four of us who have lost our slots, this is also about the entire republican -- particularly the conservatives, what are the rules we are playing under? is this meant to be a chilling action for other conservatives? is it -- a warning to the new freshmen? what are the rules? >> is there a g.o.p. split right now in your opinion? how does the g.o.p. get to the negotiating table when the party seems like there are fissures? >> that may be the single most important thing going on here. i have no intention -- i did not want to start a family food fight. the fact of the matter is, we have to be unified to take on this president because this president seems just focused on raising taxes and avoiding the real issues, and that's the explosion of the entitlement costs. a fissure with the conservative base in the republican conference is not helpful.

we need to bring the family together and march forward on the principles that got us there. we are the conservative party. we understand economic growth. let's focus on it. >> with that in mind, i want to get your reaction to a growing number of your colleague who is are speaking out, saying, maybe we do the tax hike on the top 2% and save the other 98%. we are going to break down those numbers later. but i think about senators coburn and corker, publicly saying, maybe we go along with that part of the deal? >> well, the problem is, it's political fodder. if you look at the math, it doesn't do anything. simple, you know, the president wanted $1.6 trillion over 10 years, $160 billion a year? we may borrow $1.2 tril yen, but the amount of taxes is 8% of that spending. it doesn't come close to solving the problem. it just helps the leftist ideology punish people they don't like.

if you want to save this country, we need to deal with the reality. it's about spending. this country has an addiction to excessive spending. time we stepped up and to deal with it. >> we are focused on getting more revenue and the spending side. we will continue to talk about that the next two hours here. congressman, thank you for your time. if you get a response from the speaker's office, let us know. >> thank you for having me. >> facing death threats, a growing number of christians are fleeing egypt for the u.s. we are live at a church that is helping thome start their liefer lives here. >> the issue of same-sex marriage, prop 8 in california, the justices are taking that on and the defense of main. but we will have our own fair and balanced debate, right after this break. [ male announcer ] red lobster's crabfest ends soon.

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>> updating breaking news. this is the latest on a shooting in california. authorities say there are three people dead, four others injured. we know, two of the four are children this. happened late last neat night on

an indian reservation in california. sheriff officials say when deputies were called, they found the body of a man and a woman in one trailer and a third body and another man, nearby. as soon as we learn more, we will get you the details. the supreme court has announced tell take up two landmark same-sex marriage cases, the first involving prospect cision 8, that recognizes mearng only between 1 man and 1 woman, after the state previously allowed gay couples to get married. the second case will examine the constitutionality of a federal law, the defensive marriage act, which defines a marriage between one man and one woman. let's bring in the experts here. the chief counsel for the chief accountability center and the national organization of marriage representative. >> thank you. >> in sm states and voters and

legislatures have decided it's okay for gay couples to get married in their states. why shouldn't the supreme court look at whether those rights are recognized in all 50 states? >> actually, i am happy that the court took the pericase, the lower court,a as you said, decided that the voters of california didn't matter and essentially threw out their votes and did so in a pretty extreme -- extreme decision, basically arguing that the majority of californians and american who is voted to protect marriage as the union of a man and a woman are somehow motivate bidanimmous approximate are discriminating. so our organization's very happy that they took the pericase. proponents of same-sex marriage argued against the supreme court granting the case. i think it's time to correct the wrongs, especially in the ninth district, which is the most overturned court in the country. so we think that the supreme

court is going to overturn the lower court decisions and is not going to create out of thin air, a u.s. constitutional right to defend marriage. >> along with the debate over se of marriage act, which they are no longer defending in the legal fight fist court. that will be on the plate na separate case. where do you think we go with this? >> i think that both cases really implicate core constitutional values of equal protection and freedom and the fundammal right to marry. i think that i am surprised that brian seems to be suggesting that some of the most important constitutional rights can be put up on a vote. that's not how the constitution works. here, we have the equal protection clause, guaranteeing equal protection of the laws to any person. and that broad language includes men and women, black or white, straight or gay. it is not about extannedding or creating out of thin air, new

rights, it is about applying the plain text of the constitution. when the federal judges have applied that, they have found discriminatory marriage laws. those judges range from dyed in the wool liberals to george w. bush appointed judges. i am confident that the supreme court, when they look at the constitution, a majority of justices will find that the discriminatory marriage laws are unconstitutional and rightly so. >> i want to bring in the latest polling we have. when we asked -- these are exit polls from november 6, from the last election, of course. should same-sex marriage be legally recognized, yes, 49%, no, 46%. obviously, the country is closely divided on this. but we have seen a little bit of a shift in the numbers. brian, do you think that the time has come that attitudes about this have changed and the court will go with that change? >> no, i don't think that's the case at all.

i mean, look, six months ago, north carolina voted by over 61% to protect marriage as the union of a man and a woman. of course, there were the four deep blue liberal statings that voted to redefine marriage, but that's an indication of the future of the you country. there is no constitutional right to redefine marriage. our founding fathers didn't see it that way, the last supreme court decision, the united states supreme court said there was no federal question here. so this is essentially making the law up as you go along, it is reading into the constitution. i do not believe the united states supreme court is going to launch another culture war, just like row v. wade did not end the abortion debate, creating a right to redefine marriage will not end the debate, tell exacerbate it. >> elizabeth, you and i know there are some wonky things before the court, do you think they resolve those and get to

the merits of the two cases? or do you think we get hung up on something that stops short of a pronouncement on the issue of gay marriage? >> i don't think we will have a good since of that until the orgarguments that will probably happen in march, whether the justices go with the procedural out. you don't have to read into the constitution, anything. like brian said, have you to read the constitution. the constitution's plain text gives equal protection of the laws to any person, and that applies to same-sex couples, just as it applies to opposite-sex couples. i think that the appreciate, you know, they don't follow public opinion. but at the same time, i don't think thy want to be on the wrong side of history. you look back 45 years with the supreme court struck down laws s that forbid people of different races from marrying one another. there you had 73% of the country who thought those laws were just

fine. the court said, we don't put our constitutional rights up to a popular vote. we apply the constitution as written. we will see, where at least five of the justices come together on either one of these cases. >> christians in fear for their lives, fleeing home. we go live to one of the churches now helping the refugees. dominic? >> reporter: that's right. i am live outside a church in los angeles, wherwe have seen an influx of refugees and asylum seekers, escaping the opreses pression of cairo. that's coming up live after the break. i put away money. i was 21, so i said, "hmm, i want to retire at 55." and before you know it, i'm 58 years old.

time went by very fast. it goes by too, too fast. ♪ but i would do it again in a heartbeat. [ laughs ] ♪ ♪

>> a car crash in texas leaves

one nfl player dead and another under arrest. peter doocy has your top stories. >> police in suburban dallas, say cowboys defensive lineman, josh brent was driving drunk and speeding speeding when he hit a curb and flipped his car, killing his teammate, jerry brown, a passenger. brent is charged with intoxication manslaughter and is being held without bond. an american doctor,an abducted by the taliban five days ago is now free. dr. joseph was rescued by u.s. and afghan force this is morning. according to a statement, the operation was ordered after intelligence showed he was in imminent danger. definitely senator bob corker has joined other republicans in opening the door to raises rates on top earners as part of negotiations over the looming fiscal clip cliff. corker said it would allow republicans to press for cuts to entitlements. democratic senator chuck schumer told fox he thinks they will reach a deal.

and texas a&m quarterback johnny manzell has won the heisman, the first freshman wotowin. he beat out notre dame linebacker and the kansas state quarterback. that's it. back to you. >> are you going to do the post for us? >> reporter: i enemy a stool, wired up. sorry. >> we will give you near space next time. >> reporter: thanks. >> an update on the developing story we have been following out of southern california. the tolare county sheriffs department has a suspect in custody in a shooting that killed three people and injured two, including two children. the person they identified as the suspect, hector solia was tracked with his cell phone. he refused to stop his car. deputies then opened fire and shot back and he is in the hospital with life-threatening

injuries. the shooting victims other than found after someone made a call to 911, starting this case of we will keep you updated. political turmoil in egypt has christians fleeing to the u.s. we go do an orthodox church in los angeles for more. dominic. >> reporter: hi, there. yes, absolutely. the turmoil in egypt targeting the coptic christian community, the egyptian christians. we are seeing an influx of asylum seekers from egypt, doubling, spates are possibly as many as 100,000 have made their way to the united states. many of those are coptic christians who have long seen repression at the hands of the ruling muslim brotherhood in egypt. going back before the arab spring, the community here in the united states, the coptic community in the united states is alarmed by the islamist agenda. we are going to talk to one of

the coptic community leaders here. why, specifically, are cliftians being targetd? is it just the muslim brotherhood, trying to drive them out? >> the last 40ers. >> reporter:e years have been terrible. the rise of political islam, included tv broadcasts against christians and christianity. textbooks have been changed to include hidden messages from kindergarten to 12th grade. christians have been push the out -- pushed out of positions and business. the sense has been created to -- do minish the rule of christianity and christians in the development of modern egypt. is this an islamist agenda? do you see christians driven out of egypt and elsewhere in iraq? we have had problems in syria? >> actually, the plight of

middle eastern christian today, the palestinian problem was made much, much smaller size. >> reporter: woo -- we are running out of time. we understand there are demonstrations in washington and in los angeles. we will have more later in the day on that, back to you. >> yes, it's a very, very serious problem. dominic, thank you for highlighting that for us. >> up next, our weekly holiday helping segment. a group helping our wounded warrior this is holiday and how you can pitch in, as well. [ loud party sounds ] hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.

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>> he says the president is tossing aside the constitution when it's inconvenient, when it comes to how who has control to control the debt ceiling or

making appointments. i talked to mike lee about the strong accusations and much more. senator, thank you for joining us in the midst of a time that is very busy, with the senate, the house and the white house, we hope that negotiations continue over the fiscal cliff. i want to ask you about the idea being discussed that raising the debt ceiling could be something that would be taken out of congress's purview andessential, for the president alone to make that decision, what do you make of that? >> insofar as we for talking about legislation, politically that, idea has to be deads on arrival. i don't know why congress would part with this, given to congress. this is an unwise proposal and not one that i see getting any traction. >> do you think that it is a broader, sort of look at different moves we have seen by this administration, to essentially go around congress, whether it comes to regulations

or treaties or things that, in some ways have limited or no congressional intercention -- intervention, big policy decisions that impact americans as a whole. >> if it's an instance of the president's go-it-alone policy without congressional authorization, constitutionally, he is on the weakest possible ground. there is nothings in the constitution that can be read to the president with this sweeping authority to disregard congress. >> essentially, some of those actions are being challenged, things he has done in the past. for instance, the appointments to the nlrb are being challenged in federal appellate court. do you think the administration will be called on the carpetf at any point? >> i do think so. in fact, just this week, we had a challenge that was brought to the forefront of the u.s. court of appeals for the d.c. circuit. i think there is a significant chance that the president overstepped his boundary when he

made four recess appointments in january of this year, when the senate was not in recess. >> we will continue to follow the case. it's a very interesting discussion to have. but back to the issue of the fiscal cliff, are you being cued in and clued in on what is happening? some republicans have complained that there are negotiations and bargains behind closed doors, that they are getting their information about what is being hammered out, essentially from news report, media reports. do you feel like you are getting enough information? >> i feel like i am being updated regularly. if the question is how i feel about the substance, where they are going, i am not encouraged, especially after the president rejected outright an initial offer by the speaker earlier this week. it didn't happen in a way that gave me confidence that the president is really interested in negotiating. he it gave me the sense that he is not only willing to allow us

to go off the cliff burks perhaps he wants to push us off. >> of course, the white house continues to say, that's not what it wants, at least, publicly, but your colleague, senator lindy graham said as much a few days back, he thinks they have made a political calculation that there is a very real possibility that that is going to happen. >> it's of concern to all of us. none of us want taxes to go up. all of us realize, i think, a tax increase at this point, would be devastating to our economy, a tax increase, even focused on the top 2 tax brackets, will kill 700,000 job, not ceo, top 1% jobs, those are men and women who are working hard and living paycheck to paycheck who can hardly afford to absorb the economic impact of a job loss. so much of the conversation is focused on the tax rates. you are concerned that there is not enough about the federal spending? >> yes, especially given the

fact that the president's proposal doesn't really take seriously, the spending side of the equation. in fact, the president's proposal, actually contemplates a send spinning ib crease, not cuts. we have to remember that ultimately woo what we have is not a revenue problem, as much as it is a spending problem. that's where we have to be focused and the president is decidedly not focused. >> we wish you all the best in finding a solution. thank if you are your time. >> thank you, shannon. >> still to come on america's news headquarters, fiscal cliff fiasco. enough about tax rates going up, the outrageous thing virtually no one's talking about is our spending problem. america is $16 trillion in debt and counting. how much does each american -- you! owe? we'll break it dowfnlt regulation nation. the federal government wants to take away people's homes, tear

them down and plant grass, all in the name of environmental cleanup. democrats and robberies robberie joined forces to fight back. >> isn't there anyone who know what is christmas is all about? >> everyone loves charlie brown, right? not so fast. the beloved cartoon character is caught up in a war on christmas. i gave birth to my daughter on may 18th, five days later, i had a massive heart attack. bayer aspirin was the first thing the emts gave me. now, i'm on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. [ woman ] learn from my story.

>> the holidays are a time for giving and a perfect time to remember those who have helped to save our country with the wounded warrior program. we have the chief of staff to the wounded warrior project and a wounded warrior and a member of the board of directors. welcome to you both. >> thank you so much. >> i want to start with you, to give us an overview what have wounded warriors does. >> i am happy to and thank you for the opportunity to be here. we have 18 direct programs that we provide direct support to wounded warriors year round. i don't think we have the the time to talk about all 18 of them. but each of these programs is skippet our mission to honor and empower wounded warriors and

with the promise we make to every american who writes a check, larm or small, that we will spend their money wisely and they can trust what we do. our 18 programs are four major areas -- engagement, mind, body and economic empowerment. engagement is what it sounds like. we engage with the warriors, bed sideat the hospital, on campus, or in the transition units. and we can engage them with our iconic backpack or any event, the barbecue for family, things like that. once they are registered, every program we have is no cost to the warrior. we never ask for money. we ask them to stay with us for as long as they like, ideally for the rest of their lives. we focus on mental health with weerkend retreats for warriors and spouses and their care givers. and that care extends all the

way to the point where we work with the culinary institute of america on healthy living. we have cycling evens to give them a healthy lifestyle. then in addition to that, we tried to work with them on their transition to civilian life, to get a good job, to become a good, productive citizen and to move on with goals, aspirations and dreams. of late, we have a couple of initiatives, we have partnered with operation home front, to provide financial assistance to individuals. this is an area we had not gotten into, but the partnership with operation homefront, especially at this time of year, will enable warrior who is need financial assistance to take advantage of that. we have a very active grants program, the window is open to apply for grants and for organizations that have activities that are consistent with our mission and our values, but might be in locations or in venues where we are not located.

so anybody who is representativing an organization, is interested in that, should go to our webbate and explore that opportunity as well. >> it sounds like a very holistic approach. justin, for you, it's been personal. tell us about that. >> it has. i participated from from the beginning, the engagement. when himy surgery and i was in-patient in the hospital, i came back and my wife and i saw there was a project there. at that point, i hadn't heard of them. but i was really moved by the fact that someone took the time to come visit me and in america, people cared about how we were doing in our recovery. i still have that t-shirt. it's very therapeutic actually. i never met the person who brought it tow tome. i have participated in bike rides and golf outings. my wife and i help with projects in a project called restore, a

series of webinars to help others with posttraumatic stress. thr a number of wounded warrior when is care giver who is help with that. and warriors across the country can access tothat to see the tips of overcoming post traumatic stress. it was very emotional filming. it meant a lot to me, knowing that we are helping so many others across the country. >> we know, addressing the physical, psyche lollingical and the vocational, getting people back to work. the web site is up there. that's the biggest ke. viewers want to help out. support wounded warrior project -- >> if they go to wounded warrior project dot-org and they canee the financials and the program and everything about the organization. >> we hope you get a lot of help. thank you both for coming in and for your service. >> happy holidays to you.

>> getting involved with the wounded warrior project is one of many ways to get involved this holiday season. we want to know how you are helping. we have sit up a you -- we set up a page. they are holding themed trees and taking donations to fight against lou gehrig's disease. this is from a proud mom, she start aid coin drive, trying to help super storm sandy victims. send us your story. you will see, there is a click for the ureport link under the holiday helper section to let us know how you are helping out. what is the legal limit for driving while high? don't know? neither do the states that have just legalized marijuana and the latest on a shooting in a california indian reservation we have been telling you about. an update, next.

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>> jamie: rescue in afghanistan, five days after kidnapped by the taliban, an american doctor is free. coalition forces swoop in after reports his life could be in danger. we'll have a live report. regulation nation. is the water you drink a pollutant? it could cost you your home.

nfl tragedy, the football league in shock after a car crash leaves one dallas cowboys player dead and another in jail charged with manslaughter. all that and charlie brown becomes a casualty of the culture war. i'm shannon bream. a kidnapping drama involving an american doctor abducted by the taliban in afghanistan is over. coalition forcings say dr. dilip joseph was rescued this morning after intelligence indicated he was in danger. peter doocy is live in washington with more on the rescue. >> the rescue went down last night. a joint operation that general john allen, commander of united states forces in afghanistan, ordered when intelligence reveal dilip joseph was in imminent

danger of injury or death. he says it exemplifies our commitment to defeating the taliban. i'm proud of the american and afghan forces that conducted this operation. thanks to them dr. joseph will rejoin his family and loved ones. afghan and coalitions forces were able to track down dr. joseph in mountains 50 miles from the pakistan border. dr. joseph had been held there since wednesday, the 5th of this month, when he was kidnapped by armed taliban insurgence after a visit to a rural medical clinic in eastern kabul, where he worked as a doctor with the morning star development. we dug up this morning a video taken a few months ago where dr. joseph, who makes frequent trips to afghanistan, describes why he makes those trips. >> in doing community development we hope we can

instill hope into a country that's been dealing with conflict the last 30 years. >> after dr. joseph was rescued he was taken to bagram airfield for exams but he's alive and in good condition. they say dr. joseph should be returning home to colorado springs in the next few days. >> peter doocy, thank. north korea might postpone a rocket launch planned for tomorrow. the move comes as the international community puts mounting pressure on the rogue nation to stop the launch. it's not clear if intervention or snow caused the delay. >> egypt is calling for morsi annulled most of the decree that gave him almost limitless power last month. he refused to meet the demand

that he send a draft constitution for referendum saturday. dr. walsh, thank you for joining us today. >> good to be with you. >> after days and weeks of protests and pushback, why now? why did president morsi decide he would scale back almost all of that decree? >> we're going to have to wait and see what the remainder, what remains of that decree. he didn't scratch it entirely. there's a new version. the devil is in the details. assuming most of it has changed, it's probably a combination, he probably did not anticipate there would be quite the public outcry. it was visions of egypt's early days of the revolution with thousands flooding into tahrir square and the military, which is standing in between the three players here. there's the muslim brotherhood and mr. morsi.

secularists and liberalist and the military in the middle. they may have whispered into his ear saying they wanted peace and stability. the u.s., behind the scenes, may be talking to their egyptian friends. i would think it's a combination of things with him saying he grabbed too far. >> do you think he presses ahead with the referendum where players say they didn't have anything to do with putting this together. >> he'll push for it. the egyptian judiciary says it needs to go forward. while the process is not everything we want, if i were a betting man, and i'm not, i would guess this is going to move forward. the question will be whatever the constitution says, how do

political parties compromise? how do you have a situation in which no one gets everything they want but everyone gets something of what we want and need. that's the path to democracy. often it's not made by democrats, it's by forces to want to take control but are forced to compromise. the first round where morsi has compromised is a good sign. i hope the opposition and president continue to compromise going forward and produce stability in egypt. there are reports egypt detained a terror leader they believe and the u.s. believes is connected to the ban gaza attacks. muhammad ahmed, is that a show of good faith that they're going to continue to work towards interests that the u.s. cares about even as it looks like in some ways there are those who accuse morsi of trying to move towards a dictatorship? >> countries often can be

dictatorships and have good relations with foreign powers. the past president, mubarak, he was a dictator but had friendly relations with the united states. which hurt the united states. since the moment morsi took office he sent signals to the u.s. saying he's open to a dialogue. he didn't pull out of the campbell david accord and he intervened with the conflict between hamas and israel and played a useful role. he has enough internal problems. all these protests, trying to consolidate power and, by the way, the economy is on the brink of shambles. i think he's focused internally. if he could have positive relation with the united states that's to his benefit. i assume he'll continue in that direction. >> thank you dr. walsh for your time. >> within weeks, secretary of state hillary clinton will testify in two capitol hill hearings on the benghazi

attacks. we've asked if you think her testimony will matter. we'll get some answers, and if her political ambitions factor into what she'll say. christy said i doubt there will be new answers from secretary clinton and i hope her testimony will lead to obama's testimony. butch says he thinks secretary clinton will blame the intel community unless emails are released that show she knew otherwise. we'll have more of your responses later on. the developing story out of california. the tulare county sheriff's department has a suspect in custody after a shooting on an indian reservation that left three dead and four wounded. the statement on the sheriff department website says 31-year-old hector celaya was tracked using his cell phone. he was in his car with his two young daughters when pulled

over. they say he shot at deputies and they fired back. sell i can't -- they got a 911 call shots were fired on the reservation. we'll keep you updated. josh present is charged with allegedly killing his teammate. he was arrested after he flipped his car and was suspected of drunk driving. he's charged with intoxication manslaughter. jerry was killed in the accident. the two played together at the university of illinois and were close friends. what about driving while stoned? now that washington state and colorado legalized marijuana, 17 our states selling for medical use, it leaves law enforcement with the difficulty task of determining the legal limit. >> you want to know why i pulled you over? lit everything and smoking reefer. >> driving while high.

research shows more drivers are telephone telephone tokyoing up. it affects coordination and judgment. >> an inability or reduced ability to could divide attention. >> advocates argue it's less debilitating than alcohol but research shows they're twice as likely to cause a crash. >> another effect we see with individuals under the influence of marijuana is reduced ability to perceive time and distance. >> how much is too much? >> i don't feel we're in unchartered territory. i know we are for a facty. >> 12 states have a zero tolerance for pot. in washington state the limit is 5 nanograms per blood sample, equal to alcohol. >> because we're early on in the research stage it's difficult to determine whether or not the standard will change, similar to how the d.w.i. standards

evolved. >> problem is heavy users, though not impaired, can test positive weeks after smoking. also, what you smoke and how you smoke it affects people differently. so even experts don't know how much pot causes impairment. >> for anyone to say that two hits or two dosages would get me 5 nanograms, it's impossible to make that determination. >> thc is stored in fat so a heavy user could test positive weeks after smoking which is why colorado defeated the 5-nanogram standard. research is in infancy. with alcohol we started at .15 and are at half. pot people say 10 nanograms is closer to i impairment. >> thank you, william. today's the first day same-sex couples can marry in washington state and nuptials are under way, as early at midnight.

it is happening as the supreme court prepares to hear two cases next year, first involving proposition 8, a measure that recognizes marriage between a man and woman. the second case looks at the defense of marriage act which defines marriage as between one man and woman. we're 23 days from going over the fiscal cliff edge and there might be movement in negotiations. senate republicans appear to be willing to agree to the president's key demand. >> hi, there's still no compromise and no deal at this point to avoid the fiscal cliff but there's important movement among republicans to accept president obama's demand for higher taxes on the wealthy. senator corker says there's a growing number willing to compromise and says it's the best route for republicans to take. he appeared on "fox news sunday" along with charles schumer.

>> there's a growing group of folks looking at this and realizing we don't have a lot of cards as it relates to the tax issues. so a lot of people are putting forth a theory and i think it has merit. you give the president the 2% increase he's talking about, the rate increase on the top 2% and all of a sudden the shift goes back to entitlements. >> if speaker boehner ends up where senator corker said he is, we will get a large agreement. and but speaker boehner hasn't said that. and so we democrats realize that there has to be two sides of the bargain but we're not going back to 2011, putting revenues and cuts on the table and ended up with the cuts because the other side didn't accept the revenue. >> speaker boehner has yet to sit down with president obama or treasury secretary geithner.

boehner said he would accept new revenue but the president insists there's no deal without higher tax rates on the wealthy. in his radio address yesterday he said he's willing to work with republicans to hammer out a plan he says would give both sides some of what they want. meantime, of course, the clock is ticking. >> it is, we're watching, steve. thank you very much. much of the conversation in washington regarding the fiscal cliff is focused on tax rates or how the federal government can bring in more revenue from you. what about the other side of the equation? cutting back on spending and borrowing. steve moore joins us to talk about that and separate fact from fiction when it comes to the numbers. >> thank you for asking that question about the spending side of the ledger. the laos two or three weeks the discussion has been about raising taxes and no discussion about reducing the amount -- the

outgo. >> let's start there. if we stopped overspending, what would it take for the government to get lined up, to get rid of the debt and deficit. >> we've dug ourselves into a deep hole. when i came to washington we talked about the budget, deficit in the billions, now in the trillions of dollars. part of the problem is the numbers are large but it's a million, million dollars. the debt is $6 trillion and we're borrowing $1.1 trillion a year. the problem the president faces, even if he gets his tax increase on the rich in negotiations, and he may very well. that leaves him with a trillion dollars budget deficit. so even if we do the tax increases, mr. president, what comes next? that's where we have to start addressing the spending side. >> the conversation a lot of folks don't want to have. republicans and democrats.

>> republicans don't want to cut the military, the democrats don't want to cut entitlements and there's gridlock. but we have to get serious about this. if you look at businesses, the last four or five years and households, in recession they sucked in their stomach and got rid of extraneous spending. federal spending has gone up 30 or 40% as the private sector got efficient. i believe we have to get serious quickly about can you get spending. >> absolutely. you touched on this. we talked about if the president gets what he wants as far as getting additional revenue from high income earners, that amount would only fund the government for eight days. >> amazing. the whole argument we're having in washington -- >> can it be about that? >> what about the other 350 days. this doesn't -- the reason for that, shannon, there aren't that many who make more than 250 or

$500,000. there aren't many warren buffetts, if anybody believes you're going to deal where the crisis by raising taxes on the top 2 or 3% the math doesn't add up. >> let's talk about debt by the numbers. how much does every american owe right now? it looks like -- >> i don't know if i can do that. >> more than $52,000 per american, meaning at this table, you and i are on the hook for more than $100,000. >> for a family of four, that's $200,000. so the way i like to put this when i give talks is this is like a second mortgage. we have a mortgage on the house then a mortgage on our debt. the problem is when you asked how long will it take to pay off the debt, we have to stop borrowing before we can get to the point where we pay off the debt. that could be -- when you asked about that, that could be 50 years before we pay off the debt. first step, stop borrowing and

overspending. >> we only have a little bit of time. we hear the white house say they want to make sure if taxes go up on anybody it's the top two% and they'll save the other 98% from a tax increase. not all americans pay federal taxes. >> federal income tax. >> to say you're going to stop a major tax increase for 98% of americans, not exactly the truth. >> i don't think so. in fact, i'll predict -- you can nab me on it a year from now. what's going to happen is they'll have tax increases on the rich then three to six months later, in washington they'll say my gosh, we didn't raise the money. we have to come after the middle class. that's a point republicans have to make, if you're dealing with this by raising taxes, you having to after the other 98%, that means energy tax, gasoline tax. the president talked about cover tax, all those things on the

self next year. >> it hits everyone. steve moore, always great to have you. >> great to be with you. >> regulating water. it may sound strange but the government says water could be a pollutant and based on epa regulations it could cost homeowners their private property. the capital one cash rewards card

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do you know water could be classified as a pollutant. if the epa thinks there's too much in your neighborhood they can take away your home, flatten it and plant grass. a lawsuit has been filed to keep that from a happening. i talked about the fight, the focus of this week's regulation nation. >> they're doing that outside washington, d.c. actually which is where we're going to argue the case in alexandria. you know it's bad when the co plaintiff is a democrat board of supervisors of a democrat county in virginia, our largest. and it's reached the level of severity it would cost several hundred million dollars for one county and our department of

transportation about $70 million just to comply with the proposed storm water regulations for one creek. one creek in northern virginia. the epa concedes it's a new way of regulating by addressing water. but as you noted in your intro, they're treating water like it's a pollutant as a way to get sediment in the creek but this has never been done and there's a reason it's never been done. italians illegal. in the few of fairfax county its illegal. that's the level we're fighting them on in this case. we haven't gotten to whether this makes sense to achieve the goals they've set. our complaint is they don't have the authority to do this. >> shannon: you mentioned the millions of dollars it would cost the county, the state department of transportation, and this is an area outside of d.c. heavily populated and traveled. what would it mean real world

impact for people who live in the area where the epa is considering enforcing this action. >> take the virginia department of transportation. we're a plaintiff because of our roads and the runoff when it rains, the water runs off the road and some some of it goes into this creek. obviously we can't stop rain. so we're going too far to do something else to -- to do something else to reduce the amount of water flowing into this creek. vdot doesn't own a lot of land. nothing but the roadway and median. they have to do things like take people's houses, evict them, knock the houses down and plant grass so the water doesn't flow, it instead soaks into the earth. they're going to have to do that across a fairly wide area to reduce the amount of flow in

high rain periods. that's a real world impact. families will lose houses, businesses could lose their business locations because vdot doesn't have alternatives to comply. >> unless of course you find way to control rain water as it falls from the sky. >> that's right. under rule 19, they have to include god as a necessary party. but i don't see that happening. >> i'm not sure where he would come down on the epa. we understand some regulation is necessary, but in this case, to most folks it sounds outrageous. keep us updated if you will as the case proceeds. >> absolutely. >> shannon: by the way, if you want to check on regulations coming from the government, go to regulation.gov. in the last 90 days, almost 6,000. it's been 40 years since a man traveled to the moon and since then the space program has

captured our imagination. tonight neil cavuto looks at the dreamers who made the impossible possible. here's a peak. >> america's challenge of today has forged man's destiny of tomorrow. >> you were the last human being to touch that surface. how does that make you feel? >> humble. >> we leave as we came, and god willing, as we shall return. with peace and hope for all mankind. godspeed the crew of apollo 17. >> i'm convinced that the space program will come back. >> the country needs to have something to look forward to, to look up, to be proud of.

>> what can we do in 10,000 years? my grandmother in a farm in michigan had a ring telephone, no electricity, a outhouse and she watched the first guy walk on the moon. >> i would like to see the next generation leave footprints like we left on the moon. i hope that happens. >> fly me to the moon airs tonight, 9:00 eastern. you do not want to miss it. >> last week two republican senators presented their version of the dream act. could it been the g.o.p. answer to immigration? we'll talk to texas senator kay bailey hutchison will the act and more. also a school in little rock plans a voluntary trip to see a charlie brown christmas play at a church and steps into the crossfire of a culture war. it's the real deal and it's coming up. [ female announcer ] food, meet flavor.

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time for a look at the stores making headlines. a dallas cowboys player is dead and his teammate charged. jerry brown was killed in a car accident saturday. josh brent is charged with intoxication manslaughter allegedly speeding at the time of the accident. the two played college football together at the university of illinois. hugo chavez names his successor in case his cancer treatment doesn't go as planned. the cancer returned and he's expected to travel back to cuba for treatment. an american doctor in afghanistan was rescued from taliban forces. he was abducted five days ago. the intelligence suggested he

was in implement danger. it seems fiscal cliff negotiations are playing chicken. neither side willing to back down but are we starting to see cracks. texas senator kale -- kay bailey hutchins joins us. thank you for your time. >> thank you, shannon. >> i want to ask about the fact we've seen republicans, including your senate colleagues, coburn and corker say they may be willing to go ahead on raising taxes on upper income earners. >> i think many republicans are feeling pressured and really up against a wall. no one wants the tax rates to go up, which is what would happen if we don't do anything. i think that the president did win the election and he's certainly pressing that button. i don't think people like it. i just -- i don't think we ought

to raise taxes on anyone, but i just hope that the president will in some way maybe not make it so stark and will allow us to do something on the spending side. because if we just raise the taxes and don't do anything about the spending, i think it will be a terrible signal we just can't get our act together and deal with the real deficits and debt that we have. >> shannon: i want to ask about something else, the achieve act. republicans have taken heat on immigration. what do you think the act will do and what are the odds of success? >> we're trying to give young people who have come to our country with their parents illegally but through no fault of their own, they were under 14, children. they have gone to american high schools and graduated. and we're trying to give them a legal status that is a visa, a student advice is.

>> a work visa so they would be able to keep and renew all the way. it doesn't give them a citizenship tract unless they seek that separately, which they're not prohibited from doing but it gives them a status where they don't have to face deportation. >> do you hope or believe you'll get democratic cosponsors on this? >> i think the democrats understand that we need to do something because this is a time sensitive issue. these are young people who are graduating, they go to college and then they have difficulty getting jobs, we need to deal with this in a way that it can pass the house and senate and be signed by the president. we believe, senator kyle and myself and senator mccain, at

least if we take the first step and give them a legal status, we can deal with in immigration reform like certainly making our borders more secure and dealing with visas for people to work legally. we need to deal with all these issues and all of us agree with that goal. >> quickly, senator, we've been talking about a special tonight about the space exploration program. it's very important to your home state in texas, your thoughts on where we are and we're we're -- where we're going? >> i'm so pleased fox is doing this special. space exploration has given our country so much in the way of economic development, technology, and having the superiority in the skies. satellites have given us the ability to have a stronger national defense where we can do satellite guided missiles that

go from 3 miles out to hit a window, which means you don't have as much collateral damage and don't kill innocent people. but to stop would be unthinkable for our country. you have gene cernan on, the last man to walk on the moon. he worked with neil armstrong, myself and senator bill nelson to assure manned exploration is continued as a priority in our country. my hat's off to gene cernan and neil armstrong and the other astronauts willing to take the risk and we must back them up by making it a priority for america to stay superior in space exploration. it's given us so many advancing. >> thank you very much for your time today. >> thank you, shannon. thank you for doing that special on space. >> 9:00 tonight.

that's what christmas is all about, charlie brown. >> believe it or not charlie brown is in the middle of a christmas tonight verse. our next says the war on christmas is the real deal and these got proof coming up. why is it that the most impressive technology often comes with a set of equally impressive instructions ? shouldn't something that's truly advanced, not need much explanation at all ? with the nokia lumia 822 on verizon, there's not much to learn because it's powered by windows... to let you do more than you ever imagined on your smartphone. exclusively with data sense-- a feature that makes the most of your plan. only on verizon.

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theme and tree and now charlie brown. we've been documenting the war on christmas and we're joined live. todd, good to see you. >> good to see you too good grief, charlie brown. >> i understand it was a voluntary field trip to see charlie brown but some folks weren't okay with that. >> it was happening in little rock, arkansas. a terry elementary school. some teachers were part of the production merry christmas charlie brown at a local church. they got permission from the school district to bring the boys and girls during school to church to watch the performance but one parent complained. instead of going to the school district they went to the local group of free thinkers, arkansas free thinkers society, they filed a formal complaint, threatened to sue and the church got so much hate mail and

threats they decided to cancel the production all because one anonymous parent complained. >> from what i understand, this was going to be a voluntary trip. the kids weren't forced to go but it was a choice to go. >> right. that's right. they did. to be perfectly honest i have never seen a group of people get so riled up over something they don't believe in. i'm not quite sure why they were -- why they objected to strongly to this children's performance. they say the argument was the show violated the establishment clause of the constitution because it included a reference to religion. we saw linus reciting the reason for the season. they had a problem with that and a problem with the fact the performance was going to be in a church building. >> all right. now that is not the only issue. you've been tracking controversy and you told something about the salvation army i was surprised

about. >> this is a shocker. the salvation army is under fire and, of all places, the university of cal berkley. the salvation army has kettles and every christmas season they ring bells and people give money to charity. the student government association passed a resolution calling for the university to ban the salvation army from campus during the christmas season pause they say the salvation army is antigay. they want the salvation army off of the campus. and it's interesting because again i cover these in my new book, these kinds of stories and dispatches from america and it's really true those who preach tolerance are in fact the least tolerant of all. this is the same area of the country where folks can run around buck naked in public and folks think that's okay but the salvation army is not.

>> shannon: quickly, there's a broader discussion about retailers being careful. they don't want to offend but less of them are using the word christmas and in rhode island, the tree isn't called a christmas tree. >> that's right. as far south as the panhandle of florida we have a story where they had a nativity scene outside a local elementary school for some 30 years. instead, someone complained and as a result they took the baby jesus and literally replaced the baby jesus with frosty the snowman and stuffed baby jesus into a closet. the tolerant people, the progressive society, this world that we're in now where everything is -- it's free rein over everything except items that reflect the christian faith. those get shoved into the closet. >> you track these and people get riled up.

thank you for keeping us updated. >> rubber duckies distressed and santa, and reindeers. city officials seized more than 35,000 rubber duckies from china because they contained too much of a chemical used to make plastic soft and flexible. it's been linked to birth defects and infertility. martha stewart got salmonella poisoning. wait until you hear how. also, the silver lining the domestic goddess says came from it all. ♪ ♪ [ engine revs ] ♪ [ male announcer ] oh what fun it is to ride. get the mercedes-benz on your wish list at the winter event going on now through december 31st. [ santa ] ho, ho, ho! [ male announcer ] lease a 2013 e350 for $579 a month

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>> shannon: this word coming from our affiliate kvfw. bond has been set for josh brent, $500,000. brent is reportedly still at the jail in suburban dallas charged with intoxication manslaughter in the death of his teammate and friend jerry brown. they were in a wreck over the weekend. police say he was speeding and also may have been intoxicated. more on that as we know it. north korea is delaying a rocket launch. it's one of our most clicked

stories and peter doocy is standing by with more. >> the launch was scheduled for as early as to. cysts are prepping to -- scientists are prepping for liftoff but international pressure to cancel is increasing. the delay could be diplomatic or technical or because of snow. another story, a british hospital is condemning an australian radio station for a prank call that appears to have led to tragic consequences. a hospital spokesman says the hoax resulted in the humiliation of two nurses, one of whom killed herself. a pair of radio deejays called the hospital pretending to be the queen, and were given an update on prince william's condition who was in the hospital for acute morning sickness. being a domestic god he gods is not as glamorous as it seems. the queen of home making, martha

stewart, got salmonella, claiming it was from too many thanksgiving turkeys but she says she's lost a bit of weight. log on to foxnews.com for more. >> more proof that cooking is dangerous. if we go over the fiscal cliff, the question isn't whether or not you're going to feel it. we all will. for small business owners the pain could be excruciating. >> with any fall off the cliff, some will get hurt more than others. small business owners face the biggest hits. most of them, offering struggling as start-up companies have profits taxed on the individual level. >> if we go over the cliff and that temporary tax break, originally intended to help companies on main street expires, the top fifth will

suffered -- suffer a tax rate hike. >> i hope that the government, the federal government in d.c. recognizes small business owners pay taxes at individual rates. when we talk about corporate tax reform or business tax reform that leaves out small business. that's not good. these people cre of new jobs. >> that's part of the reason the congressional budget office estimates unemployment will raise to 9.1% if we jump off the cliff which impacts customers, big and small. >> a fall off the cliff means the debt tax goes up. the maximum estate size exempt will fall from 5 million to 1 million. higher taxes could also have an impact on investors. small businesses rely on outside loans and investment firms to go from small to bigger. >> all this is why many polls

show companies are preparing themself by hiring fewer workers, making fewer capital equipment purchases, and spending less on marketing. that has a multiplying effect on businesses that provide services and many customers are fearful of job losses, who are it is engine of our committee. >> economy. >> we asked, you answered. our twitter responses are next. the white house christmas card is here and it has someone, democrats and republicans, can love. a sneak peek next. try running four.ning a restaurant is hard, fortunately we've got ink.

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♪ >> since most of us are not going to get a white house holiday christmas card, the first dog, bo, it's based on a photo taken in 2010. last year bo was snood snoozing by the fireplace on the card. will there be new answers from secretary of state hillary clinton when she testified about benghazi. cj writes i hope some of them mark says it's